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(영문) 부산지방법원 2017.01.12 2016재노28
도로법위반
Text

The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In fact, A, an employee of the Defendant, who was an employee of the Defendant, had not been in an excessive state at the time of the passage of the check-up station, and there was no publicity that all cargo vehicles should pass through the modern world without relation to whether they were in excess, and there was no special road manager or there was no demand to enter the said modern system. Therefore, even though the Defendant was in excess of the check-up station, the lower court found the Defendant guilty on a different premise, it erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The judgment of the court below against the defendant who was unfair in sentencing (the penalty amounting to KRW 1.5 million) is too unreasonable.

2. Ex officio determination

A. The summary of the facts charged in the instant case is a corporation for the purpose of trucking transportation brokerage, etc., which is the owner of Ulsan D Twitter. A, an employee of the Defendant, is the Defendant, with respect to the Defendant’s business: ① on March 17, 2004, the Defendant’s operation of the Defendant at the front of the inspection station for the control of the restriction on the operation of solar vehicles located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do, for the purpose of confirming whether the above Twitter’s operation violated the restriction on the operation of the road management agency’s vehicle, the said inspector demanded the Defendant to enter the road management agency as a measuring station’s location without good cause; ② on the same date, around 12:06 of the same month, the road management agency did not comply with the request for loading quantity by the road management agency at the same place without justifiable grounds; ③ on the same date, around 13:41 of the same month without complying with the above request for loading quantity without justifiable grounds; and ④ on the same ground, at the same place as above.

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